Appendix A - Code of Professional Conduct for MediatorsA. Preamble 1. A mediator is an impartial third party certified according to the provisions of the Act who enters a dispute with the consent of the parties, to aid and assist them in reaching a mutually satisfactory settlement to the issues in dispute.2. Mediation is an informal process of resolving dispute with the assistance of a mediator. Mediation carries ethical responsibilities and duties. Those who act as mediators must be dedicated to the principle that all disputants have a right to negotiate and attempt to determine the outcomes of their own conflicts. In addition, mediators are bound by the ethical guidelines of this code, which specify their duties and obligations to parties who engage their services, to the mediation process, to other mediators, to the agencies which administer programs of mediation, and to the general public.3. This is a personal code for the conduct of the individual mediator and is intended to establish minimum principles applicable to all mediators.B. The Code 1. The responsibility of the mediator to the parties.Any agency or person may make recommendations, suggestions, or urgings, but the decision to engage in mediation is made solely by the disputing parties themselves, unless mediation is mandated by legislation, by court order, or by contract.
b. Involvement of parties. (1) The mediator urges that the parties agreeing to mediation take an active role in the mediation process.(2) In the event of non-resolution, the mediator informs parties of the options available to them under the provisions of the Act.c. Parties' mutual agreement on the mediator. The mediator begins mediation only with mutual consent by the parties.d. Responsibility of the parties in mediation. (1) The parties, not the mediator, are responsible for decisions made during mediation, as they are not being represented independently by the mediator.(2) The mediator never forces parties into reaching a settlement.(3) The mediator never makes decisions for parties.e. Termination of mediation. (1) The mediator suspends or terminates mediation when it appears that continuation would harm or prejudice any party.(2) The mediator terminates the mediation session when it appears that a party is unable or unwilling to make an effort to meaningfully participate in the mediation process.(3) The mediator terminates mediation when it appears that mediation is not productive, and the parties are unwilling to continue.(4) The mediator shall not proceed when a party appears to be intoxicated, irrational or exhibits impaired judgment.2. The responsibility of the mediator to the mediation process. a. Mediator's expertise. (1) The mediator performs mediation services only where qualified to do so by experience and training.(2) The mediator makes appropriate referrals when parties need additional information in order to resolve their conflict.b. When it is improper to be mediator.(1) The mediator who has represented or counseled a client beforehand shall not accept the role of mediator.(2) The mediator who has prior acquaintance with a party shall not accept the role of mediator, unless the current parties, when informed of the prior acquaintance, mutually agree that the mediator shall conduct the mediation.(3) The mediator who has biases or prejudices either for or against one of the parties or the issues in dispute shall not accept the role of mediator.c. Mediator's impartiality. (1) The mediator shall maintain impartiality at all times.(2) The mediator does not represent a party of mediation in court concerning the issues which were the subject of mediation.d. Mediation and the law. (1) The mediator shall not offer legal advice to parties.(2) The mediator shall allow parties to independently assess their legal position and/or seek the assessment of an attorney.3. The responsibility of the mediator toward ther mediators.a. Joining mediation in progress.(1) The mediator shall not enter a session already in progress without first conferring with the other mediator.b. Working with other mediators.(1) The co-mediator shall keep the other mediator(s) fully informed of developments during the course of mediation.(2) The co-mediator shall not show disagreement with, nor criticism of, the other mediator(s).4. The responsibility of the mediator to the sponsoring agency and to the profession.a. Mediator's role during mediation.(1) The mediator shall accept full responsibility for the honesty and merit of interventions or suggested options initiated by the mediator.(2) The mediator shall withdraw when requested to by the parties, or upon discovering an inability to fulfill the requirements of the Act or the Oklahoma Rules and Procedures for the Dispute Resolution Act.(3) The mediator shall work within the policy of the sponsoring agency, and shall avoid the appearance of impropriety.(4) The mediator shall not use the third-party role for personal gain or advantage.(5) The mediator shall not accept money nor anything of value for services, other than the collection of fees listed elsewhere in the Oklahoma Rules and Procedures for Dispute Resolution Act.(6) The mediator shall not voluntarily incur obligations or perform professional services that might interfere with the ability to act as an impartial mediator.5 The responsibility of the mediator to the general public. a. Confidentiality of mediation. (1) The mediator shall not reveal, outside the negotiations, information gathered during mediation.(2) The mediator may disclose information from mediation after obtaining the expressed, written permission of all pertinent parties or when permitted by statute.(3) Under the Protective Services for the Elderly Act of 1977 (Title 43A Section 801 et seq.), and Title 21 Section 846 which deals with persons under age eighteen, the mediator is responsible for reporting information to the proper agencies upon learning that any elderly or handicapped person or child has had physical injury or injuries inflicted upon him or her, by other than accidental means, where the injury appears to have been caused as a result of physical abuse or neglect.Okla. Stat. tit. 12, app A
Adopted 4/8/1986; Revised 4/20/1989.